You’re driving through Oklahoma City on a typical weekday. The sun is shining and you’re heading to work, maybe running a few minutes late but feeling good about the day ahead. Suddenly, out of nowhere, another car swerves into your lane and collides with your vehicle.
The impact is jarring, and your mind races as you come to a stop. Adrenaline surges through your body, making it hard to think clearly, but you feel pain in your neck and back. You’re not sure what to do next, but you know that the steps you take in these moments are critical for your safety and for your ability to file a future personal injury claim.
Car accidents can happen to anyone at any time, and the experience is often overwhelming. Knowing what to do immediately after an accident can make a big difference in how smoothly you can handle the situation, from ensuring everyone’s safety to dealing with insurance claims and potential legal issues. This guide provides a clear, step-by-step approach to what you should do after a car accident in Oklahoma, making a stressful situation a bit more manageable.
Ensure Safety and Call for Help
After a car accident, the priority should be ensuring safety. Begin by checking yourself and others involved for any physical injuries. If you find any, even if they seem minor, call 911 immediately. Some injuries may not be immediately visible but can have serious consequences if left untreated. The adrenaline and shock of the accident can sometimes mask pain or other symptoms, making it even more crucial to get professional medical attention right away.
Once you’ve confirmed that everyone is safe, move your vehicle to the side of the road or a safe location (if possible) to prevent further accidents or traffic congestion. Remember to turn on your hazard lights to alert other drivers to the situation. This can help prevent additional accidents and ensure that oncoming traffic is aware of the stopped vehicles. If you have safety cones or flares, use them to further increase visibility, especially if it’s dark or the weather conditions are poor.
Contact Law Enforcement
Oklahoma law mandates that drivers must promptly inform their local police department, the county sheriff’s office, or the State Highway Patrol of any car accident that results in death or injury. This step is critical because law enforcement officers will create an official report that documents the incident. This accident report can be invaluable when dealing with insurance claims and any potential legal actions: it serves as an official record that can support your version of events if there are disputes about what happened.
When the officers arrive, provide them with accurate information about the accident. Stick to the facts of what happened without embellishing or omitting details. It’s also important to avoid speculating about the cause of the accident or admitting fault at the scene. Saying things like “I didn’t see the other car” or “I think I was speeding” can be interpreted as an admission of fault and might complicate matters later.
The determination of fault should be left to the insurance companies and your car accident lawyer based on the evidence collected. They will analyze the police report, witness statements, photographs, and any other available evidence to determine who was at fault.
Document the Scene
Gathering information at the scene is essential. Collect names, addresses, and phone numbers of all drivers and passengers involved, along with insurance information from all drivers. Note the license plate numbers and descriptions of the vehicles, including make, model, and color. If there are any witnesses, get their contact information as well. Don’t forget to obtain the police officer’s name and badge number for your records.
Using your smartphone, you should also take photos of the traffic accident scene, including skid marks, vehicle damage, and any visible injuries. These photos can serve as crucial evidence for your accident claim and any legal proceedings that might follow. When you have time, jot down notes about the accident while the details are fresh in your mind. Include information such as the time and date, weather conditions, and a brief description of how the accident occurred.
Notify Your Insurance Company
Promptly notify your insurance company about the accident. The sooner you inform them, the quicker they can begin processing your auto accident claim. When you contact them, provide all the necessary details about the collision, including the date, time, location, and the other parties involved. If you have any photos of the scene, damage to the vehicles, or any injuries, share these as well, as they can be crucial pieces of evidence.
Be honest in all your communications with them, providing a factual account of the accident without embellishing or leaving out details. However, it’s important to avoid admitting fault, either explicitly or implicitly, as this determination will be made later based on the collected evidence and assessments by the insurance companies and lawyers.
They may ask you to provide a written or recorded statement- speak to an experienced car accident attorney before complying. Oklahoma follows the comparative negligence rule, where your compensation can be reduced by your percentage of fault, and many insurance providers look for evidence of wrongdoing to reduce or even eliminate your financial compensation: a degree of fault over 49% can prevent you from seeking a settlement.
Your insurer will likely assign an adjuster to your case who will evaluate the damage to your vehicle, review the police report, and potentially speak with witnesses. Keep all your communications with the insurance company professional and organized. Document your conversations, including the names of the representatives you speak with and the information you provide. This documentation can be helpful if there are any disputes or follow-up questions later in the process.
Keep Records
Maintain detailed records of everything related to the auto accident. Start by keeping all medical records, including initial evaluations, follow-up visits, prescriptions, and any specialist consultations. These records will help demonstrate the extent of your injuries and the necessary treatments, providing a clear picture of your medical expenses.
You should also gather repair estimates for the property damage to your vehicle. Obtain multiple estimates from certified mechanics or repair shops to ensure you have a well-rounded understanding of the costs. Keep all related receipts, including those for any immediate repairs made to keep your vehicle operational and safe. If you need a rental car while your vehicle is being fixed, save all rental car receipts.
Document any other accident-related expenses incurred. This can include transportation costs if you have to use alternative methods to get to work or appointments, costs for medical devices or equipment, and any out-of-pocket expenses directly related to the accident. Keeping a detailed log of these expenditures will help you accurately report them to your insurance company and ensure you are fully compensated.
Get Legal Advice From an Experienced Accident Attorney
If you’re facing significant damages, injuries, or disputes with your insurance company, it is highly advisable to consult a personal injury attorney. An experienced lawyer can explain the legal implications of the motor vehicle accident, what compensation you may be entitled to, and the best course of action to take.
A car accident attorney can also negotiate with insurance companies on your behalf. These providers often aim to minimize payouts, and having a skilled negotiator can be a huge advantage. Your lawyer will handle communications with the insurance adjusters, ensuring that your case is presented clearly and that all necessary documentation is provided. They can challenge any lowball offers and work to secure a settlement that fairly reflects the extent of your damages and injuries.
Moreover, if the insurance company disputes your claim or refuses to offer a fair settlement, your attorney can represent you in court. Legal representation is a huge advantage if your case goes to trial, as your lawyer will have the experience and legal acumen needed to present evidence, question witnesses, and make compelling arguments to the judge or jury. An attorney can also manage all the procedural aspects of a personal injury lawsuit, from filing the necessary paperwork to meeting critical deadlines.
In addition to these primary roles, a personal injury lawyer can also assist with other important aspects of your case. They can help gather additional evidence, such as obtaining traffic camera footage, securing expert witness testimony, or reconstructing the motor vehicle accident scene. This thorough approach can strengthen your case and improve your chances of a positive result.
Furthermore, a lawyer can guide you on the long-term implications of your injuries and damages. They can help you account for future medical care, rehabilitation costs, lost earning potential, and other long-term consequences in your claim. This forward-thinking approach ensures that your settlement or court award covers not just immediate expenses but also future needs.
Addressing Medical Bills
Ensure all your medical attention expenses are documented and submitted to your insurance company. If the at-fault driver’s insurance does not cover all your medical bills, your health insurance may cover the remaining costs. Keep detailed records of all medical treatments and follow-up care.
Continue to monitor your health in the weeks and months following the accident, as some injuries may have delayed symptoms. Additionally, consider seeking support from a mental health professional if you’re struggling with emotional distress related to the accident.
Questions? Get a Free Consultation From an Oklahoma Car Accident Lawyer
Dealing with the consequences of a car accident can be challenging, but knowing the right steps to take can make the situation more manageable. From ensuring immediate safety to handling insurance claims and understanding legal considerations, each step is vital in protecting your rights and securing the fair compensation you deserve.
At Carr & Carr, we have extensive experience handling car accident cases and can provide the legal support you need during this difficult time. With offices in both Oklahoma City and Tulsa, we are well-positioned to assist you no matter where you are in the state. Our dedicated attorneys will help you understand your rights, negotiate with insurance companies, and represent you in court if necessary. For more information or to schedule your initial consultation, call our law firm at 918-201-0423.
